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WHITNEY WATER RENTALS LLC

EQUIPMENT RENTAL AGREEMENT

PLEASE READ CAREFULLY BEFORE SIGNING. This is a legally binding agreement that outlines the terms for renting equipment from Whitney Water Rentals LLC. By signing, you agree to be bound by all terms.

This Equipment Rental Agreement ("Agreement") is entered into between Whitney Water Rentals LLC ("Company") and the undersigned ("Renter") for the rental of equipment, including kayaks, paddles, personal flotation devices (PFDs), and/or flotation devices (e.g., lily pads) ("Equipment") for use in water-based recreational activities on Lake Whitney, Texas ("Activities").

1. Rental Equipment and Condition

  • Equipment Provided: The Company agrees to rent to the Renter the Equipment listed on the attached rental receipt or as confirmed at the time of rental.
  • Condition: The Renter acknowledges receiving the Equipment in good working condition, free of visible defects, unless otherwise noted at the time of rental. The Renter agrees to inspect the Equipment before use and notify the Company immediately of any defects.
  • Return Condition: The Renter agrees to return the Equipment in the same condition as received, subject to normal wear and tear, by the agreed-upon return time.

2. Rental Period

  • The rental period begins and ends at the times specified on the rental receipt or as agreed with the Company.
  • Late returns will incur a fee of $10 per hour per kayak or flotation device, $5 per hour per paddle or PFD, after a 15-minute grace period, up to a maximum of $50 per item per day. Unreturned Equipment after 24 hours may be considered lost, and the Renter will be charged the full replacement cost.

3. Rental Fees and Payment

  • Fees: The Renter agrees to pay the rental fees as specified on the rental receipt, including any applicable taxes or additional charges (e.g., for extra Equipment or services).
  • Payment: Payment is due in full at the time of rental unless otherwise agreed. Acceptable payment methods include debit or credit card.

4. Financial Responsibility

  • The Renter is financially responsible for:
  • The full replacement cost of Equipment that is lost, stolen, or damaged beyond repair due to the Renter’s negligence, misuse, or failure to follow instructions.
  • Repair costs for Equipment damaged due to the Renter’s negligence or misuse, beyond normal wear and tear.
  • Late return fees as specified in Section 2.
  • Any costs incurred by the Company to recover Equipment not returned.
  • The Renter authorizes the Company to charge the provided payment method for any such costs.

5. Use of Equipment

  • The Renter agrees to:
  • Use the Equipment only for its intended purpose and in accordance with Company instructions, safety rules, and all applicable federal, state, and local laws, including Texas Parks and Wildlife Department regulations.
  • Wear a properly fitted, U.S. Coast Guard-approved PFD at all times while on the water.
  • Not use the Equipment under the influence of alcohol, drugs, or any substances that impair safe operation.
  • Not allow unauthorized persons to use the Equipment.
  • Age and Rental Restrictions:
  • Minors under 5 years old may not use kayaks or other Equipment, except for flotation devices (e.g., lily pads), which may be used by minors aged 3 or older under direct adult supervision.
  • Minors aged 5–15 must be accompanied by a parent or guardian (aged 18 or older) during the Activities, either in a tandem kayak or within close proximity on the water.
  • The 8-foot youth kayak is available only for minors aged 8–12 and may only be rented if a full-size kayak is rented by an adult (aged 18 or older) in the same rental group, who must supervise the minor during the Activities.
  • Participants under 18 may not rent or operate Equipment independently.

6. Safety and Compliance

  • The Renter acknowledges that a separate Liability Waiver, Release, and Indemnification Agreement must be signed before renting Equipment. The waiver outlines risks, releases liability for ordinary negligence, and includes other legal terms.
  • The Renter agrees to attend a safety briefing provided by the Company and follow all verbal and written instructions regarding Equipment use and safety.
  • The Renter will report any injuries, accidents, or Equipment damage to the Company immediately.

7. Cancellation and Refund Policy

  • Cancellations made at least 24 hours before the rental start time are eligible for a full refund or rescheduling, subject to availability.
  • No refunds will be issued for cancellations within 24 hours of the rental start time, no-shows, or early returns.
  • The Company reserves the right to cancel or reschedule rentals due to unsafe conditions (e.g., weather, water hazards), with no liability beyond offering a full refund or rescheduling.
  • Full policy details are available at lakewhitneywaterrentals.com

8. Governing Law

This Agreement is governed by the laws of the State of Texas, without regard to conflict-of-law principles. Any disputes arising from this Agreement shall be resolved in accordance with the arbitration clause in the separate Liability Waiver, Release, and Indemnification Agreement.

9. Entire Agreement

This Agreement, together with the signed Liability Waiver, Release, and Indemnification Agreement and any attached rental receipt, constitutes the entire understanding between the Renter and the Company and supersedes all prior agreements or representations.

10. Acknowledgment

The Renter acknowledges that they have read this Agreement, understand its terms, and voluntarily agree to be bound by them. The Renter is of sound mind, not impaired, and signs this Agreement freely.

First Participant's Name
First Name*
Middle Name
Last Name*
Phone*
First Participant's Date of Birth*
Date of Birth
First Participant's Signature*
Second Participant's Name
First Name*
Middle Name
Last Name*
Participant's Date of Birth*
Date of Birth
Third Participant's Name
First Name*
Middle Name
Last Name*
Participant's Date of Birth*
Date of Birth
Fourth Participant's Name
First Name*
Middle Name
Last Name*
Participant's Date of Birth*
Date of Birth
Fifth Participant's Name
First Name*
Middle Name
Last Name*
Participant's Date of Birth*
Date of Birth
Sixth Participant's Name
First Name*
Middle Name
Last Name*
Participant's Date of Birth*
Date of Birth
Seventh Participant's Name
First Name*
Middle Name
Last Name*
Participant's Date of Birth*
Date of Birth
Eighth Participant's Name
First Name*
Middle Name
Last Name*
Participant's Date of Birth*
Date of Birth
Ninth Participant's Name
First Name*
Middle Name
Last Name*
Participant's Date of Birth*
Date of Birth
Tenth Participant's Name
First Name*
Middle Name
Last Name*
Participant's Date of Birth*
Date of Birth
Parent or Guardian's Email Address
Email*
Confirm Email*
Check to receive information, news, and discounts by e-mail.
Parent(s) or Court-Appointed Legal Guardian(s) must sign for any participating minor (those under 18 years of age) and agree that they and the minor are subject to all the terms of this document, as set forth above.


By signing below the Parent or Court-Appointed Legal Guardian agrees that they are also subject to all the terms of this document, as set forth above.
Parent or Guardian's Name
First Name*
Middle Name
Last Name*
Relationship*
Phone*
Parent or Guardian's Date of Birth*
Date of Birth
Parent or Guardian's Signature*
Electronic Signature Consent*
 By checking here, you are consenting to the use of your electronic signature in lieu of an original signature on paper. You have the right to request that you sign a paper copy instead. By checking here, you are waiving that right. After consent, you may, upon written request to us, obtain a paper copy of an electronic record. No fee will be charged for such copy and no special hardware or software is required to view it. Your agreement to use an electronic signature with us for any documents will continue until such time as you notify us in writing that you no longer wish to use an electronic signature. There is no penalty for withdrawing your consent. You should always make sure that we have a current email address in order to contact you regarding any changes, if necessary.


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